STAND. COM. REP. NO. 788

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 513
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 513, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO FAMILY CHILD CARE,"

begs leave to report as follows:

     The purpose of this measure is to allow family child care
homes to operate in condominiums, townhouses, and apartments.  

     Testimony in support of this measure was presented by the
Department of Human Services, People Attentive to Children, and
five individuals.  The Department of Health, Good Beginnings
Alliance, and numerous individuals, including many who signed a
petition, though not present, submitted written testimony in
support.  Testimony in opposition to this measure was presented
by the Management Specialists Company, Hawaiiana Management
Company, Ltd., Hawaii Independent Condominium & Cooperative
Owners, Hawaii Council of Associations of Apartment Owners, and
three individuals.  The Hawaii Fire Chiefs Association, Fire
Department of the City and County of Honolulu, and numerous
individuals, though not present, submitted written testimony in
opposition.  Informational testimony was presented by State Farm
Insurance and the Commission on Persons with Disabilities.  

     Your Committee finds that current restrictions for a number
of condominium associations do not permit family child care homes
to operate in condominiums, townhouses, and apartments.  Yet,
your Committee feels that the need for child care is undisputed
and that more child care homes should be allowed in these

 
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                                   STAND. COM. REP. NO. 788
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buildings.  However, apartment owner associations typically
disallow child care homes for fear of liability.  This measure is
intended to assuage the concerns over liability by requiring the
family child care home to obtain liability insurance to cover the
child care home.

     Your Committee has amended this measure by:

     (1)  Restricting the protections in this measure to owner
          occupants who are child care providers;

     (2)  Limiting the number of family child care homes in a
          complex to at least one unit but not more than three
          per cent of the total number of units;

     (3)  Restricting the protections in this measure to family
          child care homes located on the first four floors of a
          building; 

     (4)  Clarifying that the new section does not apply to
          associations that allow family child care homes to
          operate under conditions less restrictive than provided
          in this measure;

     (5)  Deleting statutory amendments to section 346E-3, Hawaii
          Revised Statutes, relating to the Commission on Persons
          with Disabilities; and

     (6)  Making technical, nonsubstantive amendments for clarity
          and to reflect preferred drafting style.

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection, that is attached
to this report, your Committee is in accord with the intent and
purpose of S.B. No. 513, S.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as S.B. No. 513, S.D. 2.


 
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                                   STAND. COM. REP. NO. 788
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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